what is owed under this Agreement, whichever is less. However, notwithstanding the foregoing, in no event shall the University be obligated to pay the severance pay in fewer than twelve (12) equal monthly installments. “Salary” as used in this Section does not include fringe benefits or their cash values.
Section 8.6: Retirement Plan Contributions Following Termination of Employment: Any provision of this Agreement to the contrary notwithstanding, if Dr. Akakpo's employment as President should terminate for any reason whatsoever, whether voluntarily or involuntarily, before his contributions to any retirement plan of the Commonwealth of Kentucky should vest, such portion of the unvested contributions paid personally by Dr. Akakpo shall be refunded to him or his estate, and the University shall pay to Dr. Akakpo or his estate the cash value of the unvested employer contributions to the retirement plan.
Section 9.1: Entire Agreement: Dr. Akakpo acknowledges and agrees that this Agreement shall constitute the sole terms and conditions of his employment. The University and Dr. Akakpo acknowledge that this is a fully integrated Agreement and that they are not relying upon any oral representations or any representations of any type whatsoever that are not reflected in this Agreement. Dr. Akakpo specifically agrees that, as to his employment, the terms and conditions of this Agreement supersede any and all rights and/or privileges which Dr. Akakpo shall have had pursuant to the laws and statutes of the Commonwealth of Kentucky, and/or the provisions of the University's staff/faculty personnel policies and procedures of any type whatsoever, and Dr. Akakpo specifically waives any rights and/or privileges which he would otherwise have possessed pursuant to the laws and statutes of the Commonwealth of Kentucky, and/or any other provisions of the University's staff/faculty personnel policies and procedures of any type whatsoever.
Section 9.2: Amendments: The University and Dr. Akakpo agree that this Agreement shall not be amended orally, but instead only through a document approved by the Board and executed in writing by the parties hereto. No waiver, consent, modification, or change of terms of this Agreement shall bind the parties unless in writing approved by the Board and signed by all parties, and then such waiver, consent modification, or change shall be effective only in the specific instances and for the specific purposes given.
Section 9.3: Electronic Personnel Action Form: Dr. Akakpo understands that for administrative purposes only, he may be issued an Electronic Personnel Action Form (“EPAF”) by the University periodically. Dr. Akakpo specifically acknowledges and agrees that an EPAF issued relative to his employment at the University does not constitute a contract and does not in any way supersede, modify, or amend the terms and conditions of this Agreement. This Agreement is the sole instrument governing the terms and conditions of Dr. Akakpo’s employment with the University.
Section 9.4: Separability: The University and Dr. Akakpo acknowledge and agree that if any Article, Section, sentence, clause, or phrase of this Agreement is, for any reason, held unconstitutional or invalid by any court of competent jurisdiction, such term or provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect.
Section 9.5: Governing Law: This Agreement shall be governed by the laws of the Commonwealth of Kentucky and shall be interpreted pursuant to the laws of the Commonwealth of